[House  Bill,  No.  207. — Secret.] 

HOUSE  OF  REPRESENTATIVES,  November  10,    1864.— llo 
ferred  to  the  Committee  on   the  Jadiciary,  and  read  first  and  second 
times.   December  8,  1864. — Amended,  engrossed,  read  the  third  time, 
and  passed. 

A.  R.  LAMAR,  Cltrk. 

SENATE,  December  0,  18G4. — Read  first  and  second  timea,  and 
referred  to  the  Committee  on  the  Ju'liciiry,  and  ordered  to  bo 
printed. 


A.  BILL 

To  suspend  the  privilege  of  writ  of  habeas  corpuSy  in  certain  cases,  for 

a  limited  time. 

1  Section.    1.    The  Congress  of  the  CoTifederafe  States  of  America  do 

2  enact,  That  during  the  present  invasion  of  the  Confederate  States, 

3  the  pririlege  of  the  writ  of  habeas  corpus   be,    and    the    same  ia 

4  hereby,  suspended  ;  but  such  suspension  shall   apply  only  to  the 

5  cases  of  persons  arrested   or  detained  by  order  of  the  President, 

6  Secretary  of  War,  or  the  General  oflicer  coramanling  the  tran;?- 

7  Mississippi  military   department,  by  the  nuthority  and  under  tho 

8  control  of  the  President,  e.tcept  as  provided  in  the  fifth  section 

9  of  this  act.     It  i""  hereby  dpcLir^d  that  the  purpose  of  Congrcs*, 
Ii>  in  the  passage  of  tlii^  act,  ir    t  >  j  roviJc  more  cffcctuallv  for  the 

1 1  public  safety,  by  suspending  the  writ  of  hatfcas  corpus  in  the  fol- 

12  lowing  cases,  and  00  others: 


13  First.  Of  trcftsoD,  or  treasonable    efforts  or  combinations,  to 

1  4  subvert  the  Gorernraent  of  the  Confederate  States. 

]3  S'coml.    Of    conppiracic!"    to    overthrow    tbo    novernment    or 

16  conspiracies  to  resist  the   lawful    aTithorities  of  the   Confederate 

17  States, 

18  Third.  Of  combining  to  awist  the  enfliny,  or  of  communicating 

19  intelligence  to  the  enemy,  or  ^rivin::  liim  aid  and  comfort. 

2'<  Fourth.  Of  con^piraciof?,  preparations  and  attempts  to   incite 

21  servile  insurrection. 

22  Fifth.  Of  desertions,  encouraging  desertions,  and  of  harbor- 

23  ing  deserters. 

24  Sixth.  Of  spies  and  other  emissaries  of  the  enemy. 

25  Seventh.  Of  holding   correspondence    or   intercourse  with  the 
2G  enemy  without  necessity  and  without  the  permission  o-f  the  Con- 

27  federate  States. 

28  Eighth.     Of    unlawful   trading    with    the   enemy,    and   other 

29  offences  against  the  laws   of  the   Confederate   States,  enacted  to 

30  promote  their  success  in  the  war. 

31  Ninth.     Of  conspiracies   or  attempts  to   liberate   prisoners  of 
82  war  held  by  the  Confederate  States. 

S3  Tenth.  Of  conspiracies  or  attempts  to  aid  the  enemy. 

34  Eleventh.   Of  persons   advising  or   inciting    others  to  abandon 

3j  the  Confederate  cause  ;  or  to   resist  the  Confodorato  States  or  to 

3G  adhere  to  the  enemy. 


s 

87  Ttoelflh.  Of  unlawfully  burning,  destroying  or   injuring,  or 

3S  attempting  to  burn,  destroy  or  injure,  any  bridge,  or  railroad,  or 

33  telcgruphic  line   of  communication,  or  other  property   \rith  the 

40  intent  of  aiding  the  enemy. 

41  Tliirteenth.   Of  treasonable  designs  to  impair  the  military  power 
43  of  the  Government,  by  destroying,  or  attempting  to  destroy,  the 

43  vessels,  or  arms,  or  munitions  of  war,   or   arseniils,  foundries, 

44  workshops,  or  other  property  of  the  Confederate  States. 

45  Fourteenth.   Of  any  unlawful  conspiracy  with   intent  to  injure 

46  the  Confederate  States. 

47  Fifteenth,  Of  persons  seeking  to  avoid  or  be   dif«charged  from 

48  the  military  service  of  the  Confederate  States,  by   means  of  the 

49  writ  of  Lahtas  corpus,  unless  the  writ  be  issued,  in  any  such  case, 

50  by  a  court  or  judge  of  the  Confederate  States  of  America.     But 

51  any  person  claiming  exemption  from  military  service  a.s  an  offi- 

52  cer  of  a  State,  shall    have    the    privilege    of  the    writ  of  habeas 

53  corpus,     as    to     such     claim,     as     if     this    act    hai    not    been 
51  paoscil.     In    cases    of    palpable    wrong    and    oppression  by  any 

55  subordinate  officer,  upon   any  party  who  docs   not  legally  owe 

56  tnilitary  service,  his  superior  officer  shall  grant  prompt  relief  to 

57  the  oppressed  party,  and  the  suborcinate  shall  be  dismissed  from 

58  office. 

1  Fft.  2    The  President  shall  cause  proper  olTicers  to  iDvestigate 

2  thp  cases  of  all  pervoDt  so  arrested  or  detained,  aaJ  to  ditehtrgo 


4 

3  them  if  improperly  detained,  unless   tbey  can  be  speedily  trieJ 

4  in  due  course  of  law.     But  no  person  liable  to  conscription  shall 
b  be  appointed  under  this  section  and  no   officer  shall  perform  any 

6  duty  under  this  section  except  in  the  State  of  which  he  is  a 

7  citizen. 

1  Sec.  3.  That  during  the    suspension  aforesaid,  no  military  or 

2  other  oflficcr  shall  be  compelled,  in  answer  to  any  writ  of  habeas 

3  corpus^io  appear  in  person,  or  to  return  the  body  of  any  person 

4  or  persons  detained  by  him,  by  the  authority   of  the  President, 

5  Secretary  of  "War,  or  the  General  officer  commanding  the  trang- 

6  Mississippi  department ;  but  upon  the  certificate,  under  oath,  of 

7  the  officer  having  charge  of  any  one  so   detained,  showing  that 

8  such  person  is  detained    by  him  as  a  prisoner  for  any  of  the 

9  causes  hereinbefore  specified,  under  the  authority  aforesaid,  fur- 

10  ther  proceedings  under  the  writ  of  habeas  corpus  shall  immediately 

11  cease,  and  remain  suspended  so  long   as  this   act  shall  continue 

12  in  force,  unless  the  writ  shall  have  been  issued  by  a  court  or 

13  judge  of  the  Confederate  States,  in  the  case  of  a  person  seeking 

14  to  avoid  or  to  be  discharged  from  military  service,  as  mentioned  in 

15  the  fifteenth  clause  of  the  first  section  of  this  act.  But  such  sus- 
IG  pension  shall  not  apply  to  writs  issued  before  the  passage  of  this 
17  act. 

1  Sec.  4.  Every  order  of  arrest  or  detention  mentioned  in  this 

2  act  shall  be  in  writing,  describing  the  person  to  be  arrested  or 


5 

3  detained  and  stating  the  cause  of  arrest,  or  detention,  and  s-hall 

4  be  supported  by  affidavit,  fhowng,  from  the  knowledge,  or  from 

5  thu  information  and  belief  of  the  affiant,  that  the  case  is  one  of 
G  those  in  which   (as   hereinbefore   declared)  it    is  the  purpose  of 

7  Congress  that  the  writ   of  habeas  corpva  fihall  be  suspended,  with 

8  particulars  of  time,  place,  and'  circumstance  as,  from  the  nature 

9  of  the  case,  may  be   necessary  to    fairly    exhibit   the    cause  of 

10  arrest  or  Qetention.     The  party  arrested  or  detained  shall  be  fur- 

1 1  nishcd,  on  his  renuest,    with  copies  of  the  order  itnd   affidavit  , 

12  and  like  copies  shall  accompany  the  return  of  the  officer  having 

I  )  charge  of  the  party  to  the  writ  of  habeas  corpus. 

1  Sfc.  5.  If  any  person  shall   be  arrested   or  detained  under  a 

2  like  written  order  of  any  General  officer  of  the  array  commanding 

3  a  department  or  district,    (other  than    the    General   officer  com- 

4  roanding  the   trans-Mississippi   department.)   supported  by  like 

5  affidavit,  in  such  case,  upon  a  return,  under  oath  or  affirmation, 

6  showing  those  facts  and   accompanied    with  copies  of  the  order 

7  and  affidavit,  proceedings   under  the  writ  of  hohfas  corpus  shall 

8  be  fcuppended  until  there  thall  be  time  for  the  officer  making  the 

9  order,  or  the  officer  having  charge  of  the  paity.  to  communicate 
n  with  the  President,  the  Secretary  of  War,  or  the  General  officer 

II  commanding  the   trans Missiesippi  department,    and  receire  • 

12  rpply,  but  not  n-.cre  than  twenty  days  from  the  conamer.crment  of 

13  the  detention. 


G 
1         Sec.  6.  This  act  shall  continue  in   force  for  ninety  days  after 
•2     the  next  meeting  of  Congress,  and  no  longer. 


Digitized  by  the  Internet  Archive 
in  2010  with  funding  from 
Duke  University  Libraries 


http://www.archive.org/details/billtosuspendpOOconf 


